Service Terms .

Terms and Conditions

Use of Cochinwebhost's Service constitutes acceptance and agreement to Cochinwebhost's TOS (Terms of Service), PP (Privacy Policy) and Refund Policy.

1. OVERVIEW

This Terms of Service Agreement (this “Agreement”) is entered into by and between “Cochin Web Host” (hereinafter referred to as CochinWebHost.in) and “You”, is made effective as of the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of CochinWebHost.in services (“Services”) purchased or accessed through the CochinWebHost.in website (this “Site”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular services you purchase or access through CochinWebHost.in.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and agreements, which are incorporated herein by reference:

(I). Privacy Policy

(II). Acceptable Use Policy

(III). Refund and Cancelations Policy

The terms “we”, “us” or “our” shall refer to CochinWebHost.in. The terms “you”, “your”, “User” "Subscriber" or “customer” shall refer to any individual or entity who accepts this agreement. Other terms should be interpreted as per the definitions under the Information Technology Act, 2000 and otherwise as per the general dictionary meaning. Nothing in this agreement shall be deemed to confer any third-party rights or benefits.CochinWebHost.in, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) CochinWebHost.in may notify you of such changes or modifications by posting them to this site and (ii) your use of this site or the services found at this site after such changes or modifications have been made (as indicated by the “Last Revised” date) shall constitute your acceptance of this agreement as last revised. If you do not agree to be bound by this agreement as last revised, do not use (or continue to use) this site or the services found at this site.

Last Revised Date: March 1st, 2016.

2. ELIGIBILITY AUTHORITY

This site and the services found at this site are available only to users who can form legally binding contracts under applicable law. By using this Site or the Services found at this site, you represent and warrant that you are (i) at least 18 years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.If you are entering into this agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this agreement, CochinWebHost.in finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this agreement, including, but not limited to, the payment obligations. CochinWebHost.in shall not be liable for any loss or damage resulting from CochinWebHost.in’s reliance on any instruction, notice, document or communication reasonably believed by CochinWebHost.in to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, CochinWebHost.in reserves the right (but undertakes no duty) to require additional authentication from you.

3. ACCOUNTS

In order to access some of the features of this site or use some of the services found at this site, you will have to create an account. You represent and warrant to CochinWebHost.in that all information you submit when you create your Account is accurate, current and complete, and that you will keep your account information accurate, current and complete. If CochinWebHost.in has reason to believe that your account information is untrue, inaccurate, out-of-date or incomplete, CochinWebHost.in reserves the right, in its sole and absolute discretion, to suspend or terminate your account. You are solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account information secure, including without limitation your customer number/login, password and payment method(s). For security purposes, CochinWebHost.in recommends that you change your password at least once every six (6) months for each account you have with CochinWebHost.in. You must notify CochinWebHost.in immediately of any breach of security or unauthorized use of your Account. CochinWebHost.in will not be liable for any loss you may incur due to any unauthorized use of your account. You, however, may be liable for any loss that may be incurred by CochinWebHost.in or any third party caused by any such unauthorized use of your account, whether caused by you or your authorized person.

The Registered Name Holder shall provide accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation

A Registered Name Holder's willful provision of inaccurate or unreliable information, its willful failure to update information provided within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by CochinWebHost.in concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder contract and be a basis for suspension and/or cancellation of the Registered Name registration.

Any registered name holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A registered name holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.

The Registered Name Holder shall represent that, to the best of the Registered Name Holder's knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.

For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located.

The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.

The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder's domain name registration.

4. RULES OF CONDUCT

You agree not to host, display, upload, modify, publish, transmit, update or share any information that:-

(I) belongs to another person and to which the user does not have any right to, unless you have written consent from the owner of the copyrighted material.

(IV) infringes any patent, trademark, copyright or other proprietary rights.

(V) violates any law for the time being in force.

(VI) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.

(VII) impersonate another person.

(VIII) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

(IX) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

Further, you acknowledge and agree that:-

Your use of this site and the services found at this site, including any content you submit, will comply with this agreement and all applicable local, state, national and international laws, rules and regulations.

You will not collect or harvest (or permit anyone else to collect or harvest) any user content (as defined below) or any non-public or personally identifiable information about another user or any other person or entity without their express prior written consent.

You will not use this site or the services found at this site in a manner (as determined by CochinWebHost.in in its sole and absolute discretion) that:

Is illegal, or promotes or encourages illegal activity.

Promotes, encourages or engages in child pornography or the exploitation of children

Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class

Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking

Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity.

Interferes with the operation of this Site or the Services found at this Site.

You agree to back-up all of your User Content so that you can access and use it when needed. CochinWebHost.in does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

You will not use this Site or the Services found at this Site, including any of CochinWebHost.in’s related technologies, for any commercial use without CochinWebHost.in’s express prior written consent.

CochinWebHost.in reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.

5. MONITORING OF CONTENT AND ACCOUNT TERMINATION POLICY

CochinWebHost.in generally does not pre-screen User Content (whether posted to a website hosted by CochinWebHost.in or posted to this Site). However, CochinWebHost.in reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. CochinWebHost.in may remove any item of User Content (whether posted to a website hosted by CochinWebHost.in or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by CochinWebHost.in in its sole and absolute discretion), at any time and without prior notice. CochinWebHost.in may also terminate a User’s access to this Site or the Services found at this Site if CochinWebHost.in has reason to believe the User is a repeat offender. If CochinWebHost.in terminates your access to this Site or the Services found at this Site, CochinWebHost.in may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

6. ADDITIONAL RESERVATION OF RIGHTS

CochinWebHost.in expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by CochinWebHost.in in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by CochinWebHost.in in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of CochinWebHost.in, its officers, directors, employees and agents, as well as CochinWebHost.in’s affiliates.

CochinWebHost.in expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

7. NO SPAM POLICY

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward CochinWebHost.in, but also because it can overload CochinWebHost.in's network and disrupt service to CochinWebHost.in's subscribers. Also, maintaining an open SMTP relay is prohibited.

8. SERVICE LEVEL AGREEMENT

CochinWebHost.in is committed to providing a standard of excellence commensurate with the best practices in the industry of our Services. During the Term of the applicable Master’s Agreement, the hosting Services will be operational and available to you as a customer for guaranteed time in any calendar year.

CochinWebHost.in aims to achieve 99% Service Availability of its Services for all customers. In case of failure of CochinWebHost.in to meet the guaranteed level of hosting service, you will be eligible to receive the Service Credits as described below, with the credit being calculated on the basis of the monthly service charge for the affected Services:

Service Availability:-

Credit Percentage

6. ADDITIONAL RESERVATION OF RIGHTS

99% to 100% - 0%

95% to 99% - 2%

90% to 94.9% - 5%

80% to 89.9% - 10%

Below 79.9% - 25%

But Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:-

Circumstances beyond CochinWebHost.in' reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts).

Attacks by viruses or hackers, including Distributed Denial of Service (DDoS) attacks against CochinWebHost.in' network.

Scheduled maintenance and system upgrades, or emergency maintenance.

Any DNS or Domain Name Registry issues outside the direct control of CochinWebHost.in including DNS and Registry propagation issues and expiration.

Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g. ASP, CGI, HTML, Perl, etc.), any negligence, wilful misconduct, or use of the Customer's account in breach of CochinWebHost.in Terms and Conditions and Acceptable Use Policy.

Issues with 3rd party e-mail systems, including refusal or rejection of e-mail by 3rd party mail systems.

Delays in e-mail delivery.

False SLA breaches reported as a result of outages or errors of any CochinWebHost.in measurement system.

Outages elsewhere on the Internet that hinder access to your account. CochinWebHost.in is not responsible for browser, DNS, or other caching that may make your website or e-mail appear inaccessible when others can still access it.

In order to receive a credit, Customer must make a request for by sending an e-mail to [email protected] Each request in connection with this SLA must include the following customer name, username, domain and date/time.

Credit request must be received by CochinWebHost.in within 30 working days at the time of unavailability of the relevant Service. If the unavailability is confirmed by CochinWebHost.in, credits will be applied within 30 days of CochinWebHost.in receipt of Customer’s credit request.

Notwithstanding anything to the contrary herein, the total amount credited to Customer in a particular month under this SLA shall not exceed the total hosting fee paid by Customer for such month for the affected Service(s). Lastly, Credits are not refundable and can be used only towards future billing charges.

9. Retention & Backup Policy

The system logs of the servers hosting the client data and applications would be retained as a backup in our server for at least 3 (three) months from the date of its creation. And otherwise also, we may retain such information in our systems but for a limited period, which may help not only in complying with the laws of the land but also to make sure that we maintain enough backup of user accounts, which may either be required to be restored to the server in unforeseen circumstances or to make available the information to the enforcement agencies, in case of any specific requests received in accordance with the law of the land.

But in case of exceptional circumstances, it cannot be assured that we will always have at all times backup available with us. Further, you as a CochinWebHost.in user agree that in no case, CochinWebHost.in can be held responsible for loss of data in any circumstances.

(a) Customer shall further ensure that by availing of any website services, he is not infringing upon any intellectual property rights or other rights of any person or entity, or does not publish any content that is illegal while using services under this Agreement.

(b) Customer acknowledges that CochinWebHost.in cannot and does not check to see whether any services or the use of the services by the Reseller under this Agreement, infringes legal rights of others.

(c) Unless you have been specifically permitted to do so or have a separate agreement with us, you agree that you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

(d) In case of any notice received under DMCA or otherwise for Intellectual Property violation. CochinWebHost.in reserves the right to remove the content with or without issuing any notice to the Customer, depending upon the seriousness of the matter.

If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bonafide copyright, please contact us at the address mentioned in Electronic Communications / Notices of this agreement.

11. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by CochinWebHost.in. CochinWebHost.in assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, CochinWebHost.in does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release CochinWebHost.in from any and all liability arising from your use of any third-party website. Accordingly, CochinWebHost.in encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. CochinWebHost.in, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CochinWebHost.in, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES.

ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND CochinWebHost.in ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY CochinWebHost.in, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

13. LIMITATION OF LIABILITY

IN NO EVENT SHALL CochinWebHost.in, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM:-

(I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE.

(II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE.

(III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE.

(IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER.

(V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER.

(VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN.

(VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE.

(VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE.

(IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE.

(X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT CochinWebHost.in IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall CochinWebHost.in’s total aggregate liability exceed the total amount paid by you for the particular Services that ARE the subject of the cause of action.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

14. INDEMNITY

You agree to protect, defend, indemnify and hold harmless CochinWebHost.in and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by CochinWebHost.in directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

15. FORCE MAJEURE

Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

16. FEES AND PAYMENTS

Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current all of Subscriber's billing information, email and all other contact information. It is the Subscriber's responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services.

Automatic Renewal of Hosting Account: As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber's Hosting Account or Domain(s) CochinWebHost.in will automatically renew Subscriber's Hosting Account, for the same duration initially selected, at the then current, non-promotional rate, by charging the applicable fee to Subscriber's current method of payment on file. The domain registration voucher is only applicable as long as the Subscriber maintains a qualifying hosting plan.

Automatic Renewal of Domain(s) : As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber's domain, if registered with CochinWebHost.in (or one of its Affiliates), or if transferred to and registered with CochinWebHost.in (or one of its Affiliates), CochinWebHost.in will automatically renew Subscriber's domain, by charging the applicable fee to Subscriber's current method of payment on file. Subscriber acknowledges and confirms that the obligation to renew his/her/its Domain(s) is solely and exclusively the responsibility of the Subscriber, and is not the obligation (contractual or otherwise) of CochinWebHost.in. Subscriber hereby releases CochinWebHost.in from any and all liability for failure for any reason to renew said Account or said Domain(s). Subscriber acknowledges that there may be many reasons why CochinWebHost.in is unable to renew said Account or Domain, including but not limited to inability of CochinWebHost.in, for any reason, to bill said renewal to Subscriber's method of payment on file, to contact or otherwise get response from Subscriber at the email address on file, or otherwise. Subscriber acknowledges that said Hosting Account and/or Domain, if not renewed, for whatever reason, will expire on the Account or Domain Expiration Date, as applicable. In the event that a Domain expires, CochinWebHost.in will hold the expired Domain for up to 3 days as a courtesy and not as an obligation (contractual or otherwise). 3 days after expiration, the Domain will be placed in Redemption. During the Redemption period the Domain will be inaccessible and unable to be registered elsewhere. In order to bring a Domain out of Redemption, Subscriber must pay a Redemption Fee, as well as a Renewal Fee for the current year. Domain registration vouchers cannot be applied toward the cost of Redemption.

Cancellation of Automatic Renewal of Account or Domain:Subscriber agrees to notify CochinWebHost.in of Subscriber's intent to cancel automatic renewal at least sixteen (16) business days prior to the account or domain expiration date, by directing Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification to CochinWebHost.in, as applicable, by sending same via email or phone. This request must include verification of ownership of the hosting account and/or domain(s), as determined by CochinWebHost.in.

17. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

18. COMPLIANCE WITH LOCAL LAWS

CochinWebHost.in makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

19. GOVERNING LAW

Customer agrees to use the service in compliance with applicable law and this Agreement and the annexed documents, in particular Acceptable Use Policy (the "AUP"), which is hereby incorporated by reference in this Agreement. Further:-

(a) The Terms of Agreement and the relationship between you and us shall be governed by the laws of India. The Courts of law at Bangalore, India shall have exclusive jurisdiction over any disputes arising under this agreement or other related issue arising out of the use of this site or related services. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

(b) If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect.

(c) Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

(d) Customers/Visitors who choose to visit these websites from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, union, state, and local or foreign, applicable to the use of this website and information, content, material and services contained herein.

20. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

21. DOMAIN RENEWAL

Domain renewal notices are provided as a courtesy reminder and CochinWebHost.in is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. It is a responsibility of the client to verify the domain renewal is successful or not, rarely under unfortunate circumstances domain renewal may not happen due to software error or network error or any other unknown technical reasons. If there is any issue in domain renewal, client should get back to CochinWebHost.in within 7 working days. Client should update the support team by writing Email to [email protected] & [email protected] to rectify the problem. CochinWebHost.in accepts no liability for the loss of registration of any Domain that has failed to be renewed due to an invalid email address provided to us, late payments received or technical faults which are beyond our control.

22. DOMAIN REGISTRATION

It is a responsibility of the client to verify the domain registration is successful or not, rarely under unfortunate circumstances domain registration may not happen due to software error or network error or any other unknown technical reasons. If there is any issue in domain registration, client should get back to CochinWebHost.in within 7 working days. Client should update the support team by writing Email to [email protected] & [email protected] to rectify the problem. CochinWebHost.in accepts no liability for the loss of any domain that has failed to register due to an invalid/insufficient information provided to us, late payments received or technical faults which are beyond our control.

23. GRIEVANCE OFFICER

CochinWebHost.in shall address any grievances of users, whether registered or not, with respect to website content or any other aspects connected therewith, in a time bound manner. For this purpose, CochinWebHost.in has designated the following person as Grievance Officer in terms of Information Technology Act 2000:-

The appointed officer shall acknowledge the complainant electronically and resolve the matter within the time specified in terms of the Information Technology Law.

24. Electronic Communications / Notices

(a) Any notice or other communication required or permitted to be delivered to CochinWebHost.in under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, when sent to our contact address specified in the Customer Control Panel or on the Parent Website by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 18:00 hours local time, and otherwise on the next Business Day.

(b) When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. And, by special permissions, you may opt for electronic communication in communicating with us by writing to [email protected]

Third Party Legal Actions: It is our policy to respond with reasonable promptness to subpoenas and other legal process served on CochinWebHost.in that seek information, documents or other business records. Third parties wishing to serve such process may do so in writing to the following address:

Otherwise also , if you have any questions about this Agreement, please contact us.

25. OTHERS

(a) Your hosting account & data will not be available on failure to renew the service on time. System will automatically deletes your data if you fail to renew on time.

(b) Domain registration is subject to availability of domain name at the time of registration.

(c) CochinWebHost.in can not be held responsible for any failure of domain or hosting transfer from other service provider. When transferring a domain from other service provider under some situation it may not be technically possible to transfer it successfully due to wrong EPP code or blocking the domain by other service provider or any other reasons, user understands that it is their responsibility to ensure that the domain is renewed with other service provider or transferred to CochinWebHost.in successfully.

(d) inode limit - The total number of inode can be used by customer is based on the hosting plan, What you have chosen and paid for. The inode limits per plan is available on our webiste http://cochinwebhost.in or you can ask us through our support ticket system.

Refund and Cancellations

No Refunds

Due to the nature of our industry and the costs involved with provisioning and maintaining your Service, we do not offer refunds or pro-rated refunds.

Cancellations

Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal. There will not be any refund given for the amount already paid.

Subscriber agrees to direct all cancellation requests to CochinWebHost.in via via email. The cancellation request must include verification of ownership of the hosting account and/or domain(s), as determined by CochinWebHost.in. Subscriber must also confirm to CochinWebHost.in that all emails, files, and databases are preserved and backed up somewhere other than CochinWebHost.in server space.

Privacy Policy

We respects your individual privacy.

This Privacy Policy ('Policy') embodies our commitment to its protection through adherence to fair electronic information practices. This Policy puts you, the individual, in control of how your personal information is processed. You have our promise that we will not electronically process your personal information in any way that is incompatible with this Policy and will not share any of your information unless we receive written permission from you. This Privacy Policy protects your privacy by:

Informing you about:

The types of personal information CochinWebHost.in collects about you through its Website.

How it collects that information.

The general purposes for which it collects such information.

The types of organizations to which it discloses the information.

The choices and means by which individuals may limit its use and disclosure.

Empowering you to choose:-

Whether and how certain personal information you provide is used (where such use is unrelated to the uses for which you originally disclosed it); and Whether and the manner in which a third party uses certain personal information you provide (where such use is unrelated to the uses for which you originally disclosed it).

Implements reasonable policies and procedures to ensure that personal information is kept only for the purposes for which it has been gathered.

Uses reasonable measures to ensure that we have accurately and completely recorded the personal information you have provided.

Provides you reasonable access to your personal information as well as procedures for correcting or modifying that information where appropriate.

Getting to Know Our Customers:-

We are the India's leading domain name registrar and web hosting company because we have taken the time to get acquainted with our customers. We get to know you primarily through the information you provide to us when signing up for, or using, one or more of our services. The information you provide ranges from basic contact information, to payment information, to the technical coordinates of your host servers. The application for web hosting registration found at www.CochinWebHost.in is a representative illustration of the information we request of you. All of the information we request from you when purchasing our services is obligatory unless otherwise noted on the relevant form. When you purchase our services, you agree to provide and maintain accurate, complete and updated information including your name, email, address and phone. After you have signed up for our services, we may be in communication with you about your account, technical questions you may have about services provided by us, or any other matter relating to those services. Those communications are essential to our relationship with you and to our ability to provide you with quality services that are responsive to your needs. At the same time, those communications give us helpful insights about you, your preferences and the ways in which we might improve our services. We therefore may maintain this information for future use. For operational and quality assurance purposes, we take note of whether and how you use the information and services that we provide, such as by recording site traffic patterns and by maintaining log files of users' access to site files.

The information we receive from or about you is stored on systems designed to prevent the loss, misuse, unauthorized access, disclosure, alteration or destruction of that information. The sensitive information, in terms of Information technology Act, 2000, collected at CochinWebHost.in includes credit card numbers and account passwords. The account password is used by a Customer to gaining access to the services and is not used or accessed by CochinWebHost.in or its affiliates / partners in any way, whereas the Credit Card details are processed at the Payment Gateway end, who are PCI Compliant and do not retain the sensitive information for the period more than required. The transmission of said sensitive information is encrypted in the interest of heightened privacy protection and information integrity.

Further, transactions within our account manager and purchase flows use Secure Sockets Layer (SSL) encryption when transmitting data from your connection to our systems. You may click the lock icon within your web browser to verify the authenticity of any or our SSL certificates.

Contact Information Changes/Updates:-

You have the ability to correct or change certain information in our records, such as your address and contact information. The process for changing your information begins at https://cochinwebhost.in/client and then click on the My Details menu. You may change this information at any time and as often as necessary. If you need assistance or have questions about correcting information, you can contact us via e-mail at [email protected]

How We Use Your Information:-

We use information about you for purposes of monitoring and improving our internal operations, as well as to ensure we:(i) bill you properly, (ii) administer your account in accordance with your agreements with us, and (iii) properly perform the services you have requested.

We also use the information we collect to monitor and improve our internal operations, as well as to improve the experience of users in our network of sites. For example, we may correlate Website traffic information with data about individual users. This data helps us to determine how much our customers use parts of the site, allowing us to enhance it to fit the needs of as many of our customers as possible. We may also break down overall usage statistics according to customers' domain names, browser types, and MIME types by reading this information from the browser string (information contained in every user's browser).

Another example of our use of information to enhance the experience of users in our network of sites is our reliance on cookie files. We use cookie files to make it easier for users to access our site or services. A cookie file is a small data file that certain Websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you have visited. However, the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. We use cookies to track user traffic patterns (as described above) when you register for CochinWebHost.in services. When you register, we may use a cookie to store a unique, random user ID. We use this ID to identify you anonymously in our database and to track the pages you visit on our site.

If you have set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You may refuse cookies by turning them off in your browser; however, some of our web pages may require a cookie for access.

Further, we use the information we collect to direct important notices and information affecting your account or services, as well as to provide general information that may be of interest to you, including newsletters, surveys, contest and sweepstake announcements, and information about our service or product offerings or the offerings of our business affiliates. You may opt-out of receiving information from us simply by notifying us of your desire in accordance with the opt-out instructions contained in any information message you receive from us. Note, however, that in order to fulfill our service obligations to you, we must continue sending you notices and other important information affecting your account or services.

Finally, CochinWebHost.in holding sensitive/ personal data or information of providers of information, shall not retain such information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under the User Agreement or any other law for the time being in force or unless ordered to the contrary by any order of court of law. The information collected shall be used for the purpose for which it has been collected. The information is collected and retained by CochinWebHost.in on it’s server located at various locations Abroad.

With Whom We May Share Information:-

Pursuant to arrangements with Internet Corporation for Assigned Names and Numbers ('ICANN'), we compile and maintain a publicly accessible registration database that includes basic information about each domain name registered with us, including the names, telephone numbers and e-mail addresses of individuals designated as points of contact for a given domain name. Whether or not applicable domain name registration fees have been paid is also publicly accessible. With the gradual continued privatization of the Domain Name System, and consistent with the rules or policies applicable to that system, or to comply with any changes in law or regulation, we may, if appropriate, take steps to restrict the accessibility and amount of personally identifying information available in the registration database.

When you register a domain name through us, we must disclose your domain name and its associated Internet Protocol ("IP") numbers to the appropriate registry in order to make your chosen domain name a functional address on the Internet. Certain registries also require that we disclose to them the names, postal addresses, telephone and fax numbers, and e-mail addresses of individuals designated as the registrant or points of contact for a given domain name. Each registry discloses certain portions (and in some cases all) of the information we are required to provide to them about your domain name registration. For example, each registry discloses at least each registered domain name and its associated IP numbers ("TLD zone files") to TLD server administrators so that the domain name is capable of functioning as an address on the Internet. Consistent with the current rules and policies for the Domain Name System, such registries also disclose the TLD zone files to other interested persons, provided those persons agree, among other things, not to use the TLD zone files for improper purposes, including the transmission of unsolicited commercial e-mail. Similarly, each registry may compile and maintain a publicly accessible database that includes basic information about each domain name registered with that registry, including the names, telephone and fax numbers, and e-mail addresses of individuals designated as the registrant or points of contact for a given domain name.

We may share certain information about you with those of our vendors who are responsible for handling your account or performing other services that you require but no sensitive information is shared by any third party vendors. But we will not share such information with other third parties, except in response to formal requests (e.g., subpoena or court order) made in connection with litigation, arbitration, or criminal proceedings directly relating to a domain name registration or other services we provide, or as directed by you or your agent. Additionally, we may share the information stored on the publicly accessible registration database, as well as other information that is not of a sensitive nature, with carefully selected business partners, including those who offer services that complement those provided by us or which may otherwise be of interest to you. Please note, however, that consistent with the current rules and policies for the Domain Name System, information about you must remain available in the publicly accessible registration database.

Our Accountability to You:-

By purchasing our services, you obtain the protections of, and consent to the data processing practices described in, this Privacy Policy. When you purchase our services, you also represent to us that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us with regard to: (i) the purposes for which such third party's personal data have been collected, (ii) the intended recipients or categories of recipients of the third party's personal data, (iii) which of the third party's data are obligatory and which data, if any, are voluntary, and (iv) how the third party can access and, if necessary, rectify the data held about them.

In addition to the privacy protections that we provide, our employees, agents and business partners are independently responsible for ensuring compliance with this Privacy Policy, as described below.

Employee Accountability:-

Only those CochinWebHost.in employees that have a legitimate business purpose for accessing and handling personal information obtained by us are given authorization to do so. The unauthorized access or use of such information by a CochinWebHost.in employee is prohibited and constitutes grounds for disciplinary action. Additionally, our information management systems are configured in such a way as to block or inhibit employees from accessing information that they have no authority to access.

The Accountability of CochinWebHost.in's Agents and Business Partners:-

Our trusted vendors and business partners are responsible for processing or handling some of the information that we receive. These vendors and business partners are not authorized to use such information for purposes beyond those specified by us and are required to preserve the confidentiality with which we treat such information.

If you feel that CochinWebHost.in, or any of our agents, representatives or employees, is violating this Privacy Policy, please contact us via e-mail at [email protected], or by phone at +91 9400335878 or 9995052873

Notification of Changes:-

We will post any changes to this Privacy Policy 30 days before their effective date so you will always know what information we collect, how we use it, and under what circumstances, if any, we disclose it. You are responsible for periodically checking our Website for changes to this Privacy Policy.